By Dan Kennedy • The press, politics, technology, culture and other passions

Tag Archives: net neutrality

Normally I’m not a big fan of journalists’ signing petitions. But preserving net neutrality is so fundamental to what we do that we should all send President Obama a strong message. We need net neutrality to provide the public with the information it needs for self-government — it’s that basic.

This particular petition is endorsed by Tim Wu, who literally coined the phrase. I haven’t checked out all the prominent supporters, but I know that Jeff Jarvis is among them. If the possibility of democratic media is important to you, please sign.

Tuesday’s court decision, which struck down the FCC’s open Internet order and threatened the future of net neutrality, has huge implications for the future of journalism and press freedom.

According to the Pew Research Center, half of all Americans now cite the Internet as their “main source for national and international news.” For young people the number is 71 percent. While we are nowhere near stopping the presses or tearing down the broadcast towers, the Internet is increasing how we distribute and consume the news today.

The future of journalism is bound up in the future of the Internet.

That is why net neutrality is so important and why the court decision this week should worry digital journalists and publishers. For newsrooms the decision means that a company like AT&T or Verizon could decide where their users can go for news and what stories get buried or blocked online. Verizon could strike a deal with CNN and hamper their users’ ability to access alternative news sources. Comcast could slow access to Al Jazeera, because it wants to promote its NBC news offerings.*

That’s why, in 2010, U.S. Sen. Al Franken argued that “net neutrality is the First Amendment issue of our time.”

No journalist or publisher should be held hostage by the commercial or political whims of an Internet service provider. In the end, however, the biggest media companies aren’t likely worried about this court decision. As Stacey Higginbotham wrote:

In many ways this will be a win for the large content companies such as Disney or Viacom. Yes, they might have to pay for prioritization on the broadband networks, but they have deep pockets and such a move would help them ensure their content continues to reach consumer eyeballs as the television industry fragments online. It’s possible we could see the emergence of a pay TV bundle of content that is either exempt from caps or just delivered with pristine quality while YouTube videos sputter.

But it is not just sputtering YouTube videos we need to worry about. It is people’s ability to access the independent journalism and diverse voices, which have thrived on the Web.

In 2009 a coalition of nearly 50 online journalism innovators sent a letter to the FCC, calling on the commissioners to protect the open Internet. “Net Neutrality ensures that innovative local news websites and national nonprofit reporting projects can be accessed just as easily as legacy media sites,” they wrote. “Net Neutrality encourages journalists to pioneer new tools and modes of reporting and lowers the bar for citizens to participate.”

Net neutrality is about creating a level playing field for all voices.

In an ironic twist, when it argued against net neutrality at the federal appeals court, Verizon claimed it actually had a First Amendment right to block and censor Internet users. And while the court largely ignored Verizon’s First Amendment claims, its ultimate decision essentially gave Verizon the green light begin “editing” the Internet.

As more and more news and information moves online, we need to ensure that the flow of online information is free and unencumbered. Traditional battles over press freedom are critical, as the recent Committee to Protect Journalists report so clearly showed, but today we also have to understand that keeping the Internet free goes hand in hand with keeping the press free.

The court decision this week is bad news for the Internet and for independent media, but it is not the last word in this debate.

The Federal Communications Commission can reclassify broadband as what it is: the fundamental communications infrastructure of our time. That simple action would re-establish its legal authority and ensure that its can protect consumers and journalists from online discrimination. Protecting freedom of the press can’t stop online.

* Because of the conditions placed on their deal to buy NBC in 2011, Comcast has to abide by net neutrality principles until 2018 regardless of this court case.

Imagine living in a world in which Domino’s could pay your phone company to make it impossible for you to call other pizza joints. That can’t happen because, legally, phone services are considered “common carriers,” which must accept all traffic in a non-discriminatory manner. Which is what the battle over net neutrality is all about.

This week the FCC’s three Democrats backed a too-weak proposal to ensure net neutrality that the Republicans vowed to oppose anyway. I don’t pretend to understand all the technical arcana, but, according to news reports like this one, net neutrality will be more or less assured on wired broadband networks such as cable and FIOS, while the market will have its way on wireless networks.

Which network do you suppose will be more important in 10 years — or two, for that matter? Wired or wireless?

Take a look at this post on Engadget, which obtained an actual proposal for wireless broadband providers to charge extra for access to Facebook, Skype and YouTube. It’s a variation on a theme that Sen. Al Franken sounded in a must-read essay. Franken points out that, without net neutrality, Verizon could block Google Maps and charge you extra to use its own inferior mapping service. Franken writes:

Imagine if big corporations with their own agenda could decide who wins or loses online. The Internet as we know it would cease to exist. That’s why net neutrality is the most important free speech issue of our time.

Back when the debate was over media concentration, old-school conservative organizations like the National Rifle Association and the Christian Coalition made common cause with liberal groups to stop the FCC from making a bad situation worse. Unfortunately, the newly ascendant Tea Party right is so hostile to government activism that it opposes efforts to ensure net neutrality.

This week’s action by the FCC was not definitive. Net neutrality is an issue that we’ll be revisiting again and again in the years ahead. But given President Obama’s stated support for neutrality, this may be as good as it gets. And it’s not very good.

Samuel Axton, writing at Mashable, is unstinting in his assessment of last week’s New York Times report that Google and Verizon were secretly negotiating a deal that would undermine net neutrality for their own benefit. The two companies yesterday announced a proposed regulatory framework that would more or less guarantee net neutrality on broadband land lines, but allow wireless providers to operate with fewer regulations. Axton writes:

The proposal we’re seeing is starkly different from what was described in The New York Times article from last week that accused Google and Verizon of conspiring to upend the principles of net neutrality. We didn’t believe it even then, and Google CEO Eric Schmidt said in the conference call that “almost all” of what the NYT reported was “completely wrong.” In particular, he stressed that this is not a business deal at all between Verizon and Google, but simply a joint policy statement.

You wouldn’t know it from reading today’s Times, which cites “reports that Google and Verizon had come to a private agreement.” I am not aware of any “reports” making quite that bold a claim except for the initial story in the Times, which Google and Verizon almost immediately said was wrong.

Still, there’s plenty not to like about the framework that Google and Verizon have proposed. As Jeff Jarvis points out at Buzz Machine, a wireless, ubiquitous connection is quickly becoming what we mean when think of the Internet. Guaranteeing net neutrality for a land-line network that may soon be obsolete not exactly in keeping with Google’s “Don’t Be Evil” philosophy. Jarvis writes:

Mobile will very soon become a meaningless word when — well, if telcos allow it, that is — we are connected everywhere all the time. Then who cares where you are? Mobile? doesn’t matter. You’re just connected. In your car, in your office, in your bedroom, on the street. You’re connected. To what? To the internet, damnit.

Like this:

For now, at least, it looks like the New York Times is doubling down on its report that Google and Verizon are negotiating a deal that would allow Verizon to offer tiered levels of service for content-providers — a deal that would severely undermine the principle of net neutrality.

In a follow-up today, the Times’ Edward Wyatt reports that FCC chairman Julius Genachowski would oppose such a deal. The story continues:

His remarks came in response to press reports that Google and Verizon were nearing an agreement about broadband management that could clear the way for Verizon to consider offering such a service. The two companies declined to comment on any potential deal.

You will note that the link to “press reports” (plural) brings you to Wyatt’s Thursday story (singular), now disputed by Google. Indeed, writing that Google and Verizon have declined to comment may be true in a technical sense, but it strikes me as disingenuous given Google’s full-throated denial. Verizon has since denied it as well.

Scott Morrison of Dow Jones has more on the sniping between the Times and the two companies, quoting Google spokeswoman Mistique Cano as saying, “The New York Times is quite simply wrong. We have not had any conversations with Verizon about paying for carriage of Google or YouTube traffic.”

But Times spokeswoman Diane McNulty says her paper is sticking by its story, commenting, “Google’s comment about the New York Times story refutes something the Times story didn’t say.”

A Times commenter, Dan K of Brooklyn (not me, I swear!), has some links to other coverage that raise the possibility that Google is pursuing separate strategies regarding Verizon’s broadband and cellular networks, and that the Times may have confused the two.

But the Times story, if accurate, is a huge embarrassment for Google, which has long been a corporate leader in the fight to preserve the principle that all Internet traffic should be treated equally. Net neutrality is what allowed an upstart like Google to become a major media player in the first place, and it’s fostered independent news outlets ranging from Talking Points Memo to the guy in his mother’s basement who blogs about local zoning issues.

Like this:

Imagine you are trying to start a news site in your community. Your competitor, part of a national chain, offers instant-on, full-screen HD video and a host of other data-intensive features that load the moment you hit “click.” But though you have a broadband connection, even simple videos that you’ve posted load slowly and play in fits and starts.

So you call your Internet provider — most likely Verizon and Comcast — and ask what’s going on. A sales person explains to you that if you want your readers to enjoy the same rich multimedia content as you competitor, then all you have to do is pay another $1,000 a month.

You can’t. You struggle on. And, within six months, you shut down.

That is a likely scenario if we move away from net neutrality — a vitally important principle that all Internet traffic should be treated the same. The FCC has been trying to mandate net neutrality, only to be shot down in the federal courts. And today the New York Times reports that Google and Verizon have been involved in negotiations to come up with a multi-tiered Internet with different levels of service and different levels of pricing. [Update: Or perhaps not. See below.]

“It’s like the end of ‘Animal Farm’ where pigs and humans sit down at the dinner table,” tweeted new-media strategist Steve Yelvington. In fact, Google at one time had been a leader in pushing for net neturality.

Please understand what net neutrality is not. There is nothing wrong with charging consumers more for better Internet service. Broadband costs more than dial-up, and fast broadband costs more than slow broadband. That’s life.

Rather, this involves the other end of the pipe, to fees that content-providers would pay in order to receive preferential service. It would make it far more difficult for start-ups, low-budget projects and non-profits to compete with big media sites. You might say that’s the whole idea.

Net neutrality is the baseline requirement for diverse, independent media. Those of us who spent years railing against corporate media consolidation have been pleasantly surprised, as numerous little guys — including significant players at the international, national and local levels — have been able to make their voices heard.

Along with the advent of closed systems such as Apple’s iPad and iPhone, the demise of net neutrality could mark the beginning of the end of this media explosion, and a return to business as usual.

*Update: Sharp-eyed reader Nick Mendez found a tweet from Google Public Policy claiming that the Times got the story wrong. According to @googlepubpolicy: “@NYTimes is wrong. We’ve not had any convos with VZN about paying for carriage of our traffic. We remain committed to an open internet.”